Duncan v. Pope
Supreme Court of Georgia
Illegitimate child. Partition. Consideration. Escrow. Delivery. Exceptions. Before Judge Cole. Bibb Superior-Court. October Adjourned Term, 1871. Sallie Pope, a minor, by her next friend, William Bishop, filed her bill containing substantially the following allegations : That she is the illegitimate child of James- S. Pope, deceased, and so acknowledged by him to be; that her said father during life always treated complainant indulgently and kindly, and frequently openly…
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Illegitimate child. Partition. Consideration. Escrow. Delivery. Exceptions. Before Judge Cole. Bibb Superior-Court. October Adjourned Term, 1871. Sallie Pope, a minor, by her next friend, William Bishop, filed her bill containing substantially the following allegations : That she is the illegitimate child of James- S. Pope, deceased, and so acknowledged by him to be; that her said father during life always treated complainant indulgently and kindly, and frequently openly averred his intention to give to complainant a large portion of his estate at his death, to supply her wants and to…
1Opinion of the Court
Montgomery, Judge.
1. Section 1789 of the Revised Code announces that a father is bound to support his illegitimate child. If he voluntarily make a contract for its support, the obligation is a sufficient consideration to sustain it, and no doubt it may be so made as to bind his representatives. The law, however, does not extend the obligation to the latter, in the absence of any such contract. A mere statement by the father of his in*451tention that the child is to be supported out of his estate after his death, does not amount to such a contract. If the father fail to support the child…
2Cited by28 opinions
- Todd v. . WeberNew York Court of Appeals · 1884
- Moore v. Farmers' Mutual Insurance Asso.Supreme Court of Georgia · 1899
- Whitaker & Fowle v. LaneSupreme Court of Virginia · 1920
- Cedeno v. Lockwood, Inc.Supreme Court of Georgia · 1983
- Anderson v. GoodwinSupreme Court of Georgia · 1906
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